Are you a landlord unaware of the Rhode Island lead law? The Rhode Island General Assembly has amended the state’s landlord-tenant law (R.I. Gen. Law § 42-128.1-8).
It has brought about several significant changes that landlords and real estate investors must abide by. The goal of the new amendments is to boost tenant safety and help reduce potential lead exposure.
As a landlord, compliance with these laws is key. You must follow several steps to ensure your Rhode Island rental property is certified.
Lyon Property Management has written the following key takeaways from the amendments to familiarize yourself with.
What Are the Key Components of the New Rhode Island Lead Paint Laws?
Over the years, the Rhode Island General Assembly has passed several laws regarding lead poisoning.
Among these were the Lead Poisoning Laws of 2005 and the Lead Poisoning Prevention Act of 2022. Unfortunately, these never got to be enforced as intended.
The new legislation aims to address this shortfall by ensuring full enforcement of the laws.
The focus of the new lead law is to ensure that tenants are safe from any potential lead exposure, which might expose them to certain health risks.
As a landlord, failing to abide by these laws can result in hefty penalties. Including recurring monthly fines that can significantly hurt your bottom line.
The following are some of the things you should know as a landlord:
You must register your RI rental property with the state’s Rental Registry. This is to ensure that the new lead safety standards are monitored and enforced by the relevant government agencies.
Please note that you must have registered your rental unit by October 1st, 2024.
Are you renting out a unit that was built in 1978 or before? If so, you must obtain a Lead Conformance Certificate. This will indicate whether or not your rental property complies with the state’s safety standards.
You’ll need to submit the certificate through the statewide Rental Registry.
You must also set aside funds specifically meant for lead safety compliance. This financial obligation is part of the state’s Escrow Account Bill. Also, it gives tenants the right to pay rent in an escrow account if living in a unit that isn’t lead-compliant.
You must have a lead compliance certificate before you file for an eviction lawsuit against a tenant. In Rhode Island, landlords can evict tenants for several reasons.
Including, failing to pay rent, committing a lease violation, foreclosure of the rental property, or failure to move out at the end of the lease term.
It is also important to note that the previous exemption for certain multi-family owner-occupied units has been revoked. Landlords renting out such units will also need to obtain a lead compliance certificate.
What Are the Penalties for Non-compliance?
As a landlord in Rhode Island, you have up to September 1st, 2024 to provide the necessary registration information.
If you fail to do so, you’ll be liable to pay a penalty of $50 every month until you do so.
As for the lead certificate, you have until October 1st, 2024 to obtain it. If you don’t, you’ll be liable to pay at least a $125 fine monthly until you do so.
What’s more, the Attorney General may also file an injunctive relief against you for failing to register your rental property.
This will be $50 for every unit that isn’t registered. For repeat offenders, the office of the Attorney General can issue a $1,000 fine for every violation.
What are the Requirements for Compliance with the new Lead Laws?
The following is the step-by-step guide that you must follow to obtain a lead compliance certificate in Rhode Island:
Comply With the State’s Health and Safety Codes
You’ll need to have your property inspected by a licensed lead inspector who will check for, among other things, potential lead hazards.
The inspection will include checking both the property’s interior and exterior walls. They will specifically pay attention to chipped or peeling paint.
Apply for the Lead Certification Certificate
Also known as the Lead Conformance Certificate, this is every RI landlord’s key to staying compliant and avoiding potential significant penalties.
After obtaining the certificate, you must then submit it to the rental registry.
Know the Financial Implications
Failure to comply with the lead laws can lead to quite significant penalties. This is especially true if the Environmental Protection Agency (EPA) becomes involved.
You can be liable for paying up to $37,500 per day per instance.
What Landlords Should Do to Ensure Strict Compliance?
- Familiarize yourself with the latest regulations on lead laws: Visit the relevant local government offices and inquire about how to go about the compliance process.
- Work with a licensed lead inspector: A professional lead inspector can test your property’s surfaces, including floors, walls, and ceilings, and provide you with a detailed report on the lead concentration levels.
- Disclose to tenants about lead-based paint concentrations in the rental unit: This is mandatory for landlords renting out units built before 1978. You must do this before the lease becomes effective.
- Prioritize tenants’ safety: As a landlord, it’s your responsibility to ensure you provide a habitable home. One that complies with the relevant health, safety, and building codes.
Work With a Professional Property Management Company
Consider hiring a reputable property management company to help you navigate the intricate complexities of the state’s landlord-tenant laws.
They can help you not only reduce stress but also optimize your ROI through practical strategies they have honed over the years in their careers.
Conclusion
There you have it. The key components of the new Rhode Island lead laws. These are now part of the state’s Residential Landlord and Tenant Act, which every landlord must comply with.
If you have a question or need the expert help of a property manager, please get in touch with Lyon Property Management. We can help you overcome any challenges you are experiencing renting out a property in Rhode Island. Get in touch to learn more!
